Loading...
29 Approve ordinance amending Article II of Chapter 22 the Code of Ordinances to adopt regulations for special vehicles, etc.CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: March 20, 2008 Code Enforcement Task Lisa A. Wright, Director of Council Date: Force Community Development 29 April 14, 2008 RECOMMENDED MOTION: Move to approve an ordinance amending Article II of Chapter 22 of the Code of Ordinances to adopt regulations for special vehicles, which includes motor homes, motorhouses, campers, camper shells, boats, recreational vehicles, fifth wheel trailers, or other similar vehicles. POLICY ISSUE~S~: Ordinance BACKGROUND: On March 18, 2008, the Code Enforcement Task Force reviewed the existing ordinance regulating travel trailers and motor homes inside the city limits of Paris and has recommended new regulations to address them. The current ordinance does not allow the placement or use of a travel trailer inside the city; however, this ordinance has not been constantly enforced over the years. Large motor homes, boats, and travel trailers are now frequently seen throughout the city, so much so that they are becoming a source of frequently complaints to Code Enforcement because they are parked in the streets, blocking traffic access, and in front driveways, diminishing the aesthetics of the residential neighborhoods. The Task Force did not recommend reverting to the old requirements which prohibited travel trailers from being parked anywhere inside the city limits; however, they did recommend prohibiting parking of such vehicles in streets and front driveways. BOARD~COMMISSION RECOMMENDATION: The Code Enforcement Task Force recommended adoption of regulations for special vehicles. EXHIBITS: Ordinance ACTION: BUDGET INFO: ^ Financial Report ^ Minute Order Expense $ ^ Department Report ^ Resolution Budgeted Amt. $ ^ Presentation ®Ordinance YTD Actual $ ^ Public Hearing ^ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: ® Administration ®City Clerk ®Community Development ^ EMS/IT ^ Finance ^ Fire ^ Municipal Court ®Legal ^ Library ^ Police ^ Eng./Public Works ^ Utilities City of Paris Revised 2/04/08 ~~ DRAFT a:attorney\ordwork\current\Recreational Vehicles Ord 2008 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, REPEALING ARTICLE II OF CHAPTER 22 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS AND ADOPTING A NEW ARTICLE II ENTITLED REGULATIONS FOR SPECIAL VEHICLES; TO CHAPTER 22 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; ADOPTING NEW REGULATIONS FOR THE PARKING AND STORAGE OF SPECIAL VEHICLES INCLUDING BUT NOT LIMITED TO: MOTOR HOMES, BUSES, TRAVEL TRAILERS, CAMPER TRAILERS, CAMPER SHELLS, UTILITY TRAILERS, HORSE OR LIVESTOCK TRAILERS,FIFTH WHEEL TRAILERS, BOATS, GOLF CARTS, ALL TERRAINE VEHICLES, UTILITY VEHCCLES OR OTHER SIMILAR VEHICLES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris, Texas created a Code Enforcement Task Force made up of three (3) City Council members and fourteen (14) interested citizens from the City of Paris to review and study various issues affecting the cleanliness and appearance of the City of Paris; and WHEREAS, at a regular meetings of the Code Enforcement Task Force on March 18, 2008, the Task Force reviewed, discussed, and developed proposed regulations addressing special vehicles which includes motor homes, motor houses, campers, camper shells, boats, recreational vehicles, fifth wheel trailers or other similar vehicles in the City of Paris and has recommended that these regulations be adopted by the City Council and by amending Article II of Chapter 22, Travel Trailers and Motor Homes, to the Code of Ordinances of the City of Paris; and, WHEREAS, the City Council having reviewed the recommendations of the Task Force for amending Article II, to Chapter 22, of the City Code of Ordinances hereby finds and determines that the changes recommended below are in the best interest of the City of Paris and its citizens and should be adopted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That Article II, Travel Trailers and Mobile Homes, of Chapter 22 of the Code of Ordinances of the City of Paris, Texas, be, and the same is hereby repealed. 1 isa Section 3. That a new Article II, Chapter 22 of the Code of Ordinances of the City of Paris, Texas, be and the same is hereby adopted to read as follows: "ARTICLE II. REGULATIONS FOR SPECIAL VEHICLES "Sec. 22-21. Definitions. Improved surface. A dust-free, all-weather surface of concrete, asphalt, or seal coat or equivalent approved by the City Engineer. Special vehicle. As used herein, shall include but is not limited to: a motor home, bus, travel trailer, camper trailer, camper shell, utility trailer, horse or livestock trailer, Fifth-Wheel Trailer, boat, golf cart, All Terrain Vehicle, Utility Vehicle, or other similar vehicle or trailer. Front Yard -including driveway. An open space unoccupied by a principal structure on a lot facing a street, extending across the full width of the front of a lot between the side lot lines, and in front of the front-most corners of the principal structure, including any unenclosed portion of a front porch, carport, portico, or other unenclosed structure located beyond the front face of the principal structure. Rearyard. An open space unoccupied by a principal structure extending for the full width of the lot between the principal structure and the rear lot line, and behind the back-most corners of building line of the principal structure. Side yard. An open space unoccupied by a principal structure, situated between the building and the side line of the lot, and extending through from the front yard to the rear line of the lot, including any unenclosed portion of a side porch, carport, portico, or other unenclosed structure located beyond the side of the principal structure. Any lot line not a rear line or a front line shall be deemed a side line. Sec. 22-22. In general. (a) It shall be unlawful for any person to park or store or allow another person to park or store a special vehicle in any part of a residential yard except the side or rear yard as defined herein. (b) It shall be unlawful for any person to park or store or allow another person to park or store a special vehicle in any part of a residential yard upon any surface other than an improved surface as described herein and in accordance with all applicable City ordinances and regulations regarding parking. (c) No special vehicle parked in a residential yard may be used for living or sleeping quarters, for the storage of personal property not normally 2 1 ~3 associated with the use of the special vehicle, or for business or home occupation purposes. (d) Special vehicles parked or stored in residential districts or on property used for residential purposes, which are not properly stored or screened from view, must be maintained free of rust, peeling or missing paint, broken or missing windows, flat or missing tires, and excess dirt or grime. (e) Self-propelled special vehicles that require a license, registration, or permit, shall be properly licensed, registered, and shall display the required permit. Special vehicles may also be subject to the junked vehicle ordinance found in Chapter 19, of the City Code of Ordinances. (f) Stored special vehicles must be secured with wheel stops or maintained so as not to present a safety hazard to the public right-of-way or to adjacent persons or property. (g) No part of any parked or stored special vehicle may extend over or into a public easement or public right-of--way or into adjoining private property or be located within any portion of the side yard or rear yard which is within ten (10) feet of the principal dwelling except within a lawful enclosed structure screened from public view. Section 4. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 5. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 6. That it is the intention of the City Council of the City of Paris that this ordinance, and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 7. That any person violating any provision of this ordinance shall be guilty of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 1-6 of Chapter One of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above-enumerated sections shall constitute and be deemed a separate offense. Section 8. That this ordinance shall become effective immediately upon its passage and publication as required bylaw. 3 i ~~- PASSED AND ADOPTED this 14th day of April, 2008. Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney 4 155